Orange County Criminal Defense Attorney
Tustin, California Call (714) 589-3063
In many cases, yes. A California DUI conviction may qualify for dismissal under Penal Code §1203.4 after probation has been successfully completed. But a DUI “expungement” does not erase the conviction from existence or eliminate every consequence of the DUI.
See How DUI Expungement Works ↓What people commonly call an “expungement” is generally a petition for dismissal. If granted, the guilty or no-contest plea or finding of guilt is set aside, a not-guilty plea is entered, and the case is dismissed. The record is not literally destroyed, however, and important limitations remain.
“Expungement” can sound as though the DUI disappears. California's post-conviction dismissal process is more limited than that.
Eligibility depends on the sentence, probation history and other facts of the case. For the typical misdemeanor DUI in which probation was imposed, the status of probation is especially important.
If you successfully completed the terms and conditions of probation, you may be eligible to petition for dismissal under Penal Code §1203.4.
If the court granted early termination of probation, you may be able to move directly into the dismissal process rather than waiting for the original probation end date.
A probation violation does not necessarily make dismissal impossible, but it can change the analysis and may make relief discretionary.
Ordinarily, a person seeking dismissal after a probationary DUI conviction will either have completed probation or obtained an order terminating probation early.
If probation was not successfully completed, dismissal may become a discretionary decision for the judge. This is where the reason for the violation, what happened afterward, rehabilitation, employment, family responsibilities, time since the conviction and other evidence supporting the interests of justice may become important.
The details vary by court and case, but the process generally starts by identifying the conviction and determining the correct form of relief.
Locate the case number, conviction date, code section, sentence and probation information. If the case is old, you may need to obtain court records before preparing the petition.
Review the sentence and probation history and determine which post-conviction remedy applies to the particular conviction.
If you are still serving probation, determine whether an early termination request should be made before seeking dismissal.
California Judicial Council Form CR-180 is used to ask the court for qualifying dismissal relief. Form CR-181 is the corresponding order used for the court's decision.
The petition is filed in the criminal case. Local filing and processing procedures should be checked with the court handling the conviction.
In a discretionary case—particularly one involving an unsuccessful completion of probation—supporting declarations, rehabilitation evidence and other information may help explain why relief is in the interests of justice.
The court ultimately issues an order determining whether the requested dismissal relief is granted or denied.
These are the two California Judicial Council forms you will commonly encounter when seeking this type of post-conviction dismissal.
This is the Judicial Council form used to ask the court to reduce or dismiss an eligible criminal conviction.
California Courts CR-180 →This is the Judicial Council form used to state the court's decision concerning the requested dismissal.
California Courts CR-181 →If the DUI conviction occurred in Orange County, the Superior Court provides its own criminal record-cleaning information and form packets in addition to the statewide Judicial Council forms.
Depending on where the case arose, an Orange County DUI may have been handled at a justice center such as Santa Ana, Newport Beach, Westminster or Fullerton. Identify the original criminal case before preparing the petition.
Penal Code §1203.4 concerns post-conviction relief in the criminal court case. If granted, the qualifying conviction is dismissed under the statute.
The DMV maintains its own driving records and administrative history. A criminal-court dismissal should not be confused with removal of the DUI from the DMV's records or with undoing a prior administrative driver's-license action.
A dismissal under Penal Code §1203.4 has important statutory limitations. If you are trying to determine whether an old DUI can affect a new DUI, licensing issue, government application or another specific situation, analyze that issue separately rather than assuming the dismissal erased the conviction for every purpose.
DUI expungement is only one part of California post-conviction relief. These related guides address some of the issues that commonly come up.
Start with the broader guide to cleaning up a California criminal conviction.
Expungement Resource Center →Learn about asking the court to terminate probation before its scheduled end date.
Early Termination Guide →An older conviction may require locating the original case information before filing.
Browse Record-Clearing Articles →Understand why the criminal record and driving record should be considered separately.
DUI Record Guide →Browse additional information about California DUI court, DMV and license issues.
DUI Resource Center →Review the court's current information about cleaning up an Orange County criminal record.
Court Record-Cleaning Information →Many misdemeanor DUI convictions can qualify for dismissal under Penal Code §1203.4. Eligibility depends on the sentence, probation history and circumstances of the individual case.
If you are still on probation, you may need to seek early termination of probation before pursuing dismissal. If probation has already been successfully completed, the case may be ready for the dismissal process.
A probation violation does not necessarily make relief impossible. If the terms and conditions of probation were not successfully completed, however, the court may have discretion over whether dismissal should be granted in the interests of justice.
No. A dismissal under Penal Code §1203.4 is not the same thing as destroying every record associated with the arrest and prosecution.
Do not assume that every background check will stop showing the case. The dismissal changes the disposition of the criminal case, but records may still reflect the underlying case and the fact that relief was granted. The effect also depends on the type of background check and the reason it is being conducted.
No. The criminal court's dismissal process and the DMV's driving records are separate. A Penal Code §1203.4 dismissal should not be treated as an order requiring DMV to erase its record of the DUI.
California Judicial Council Form CR-180 is the Petition for Dismissal. Form CR-181 is the Order for Dismissal used to reflect the court's decision. Additional filings may be appropriate depending on the case.
The next step depends on why relief was denied. A person may need to address an eligibility problem, provide additional information, wait until another requirement is satisfied or determine whether another form of post-conviction relief is appropriate.
If you have an Orange County DUI conviction and want to know whether you qualify for dismissal, I can review the conviction, probation history and court record with you.
Call 714-589-3063 Schedule a Consultation